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We Are Simply Here To Help - No Strings AttachedThu, 28 Jan 2016 19:25:16 +0000en-UShourly1https://wordpress.org/?v=4.7.5Japanese Knotweedhttp://legalhelpline.ca/japanese-knotweed/
http://legalhelpline.ca/japanese-knotweed/#respondFri, 19 Jun 2015 19:31:27 +0000http://legalhelpline.ca/?p=1148Japanese knotweed, an aggressive invasive species, is the cause of many legal battles in the UK right now. The invasive weed, often planted as an ornamental, can flourish in almost any type of soil and is quickly taking over backyards in the UK. It spreads with little effort and overwhelms other plants and damages ecosystems. […]

]]>Japanese knotweed, an aggressive invasive species, is the cause of many legal battles in the UK right now. The invasive weed, often planted as an ornamental, can flourish in almost any type of soil and is quickly taking over backyards in the UK. It spreads with little effort and overwhelms other plants and damages ecosystems. Ecosystems are not the only victim of Japanese knotweed, it can also destroy roads, walls and foundations.

Its aggressive nature is has caused many legal battles between neighbours in the UK. It can easily cross property boundaries and fences. An infestation reduces property values and the cost to remove it is often in the thousands of dollars. It is such a huge problem in the UK that planting or disposing of Japanese knotweed can land you up to two years in prison, a large fine, or both. In fact, knotweed material, and soil containing the roots is classified as a controlled waste and must be properly disposed of in a licensed landfill.

Some British banks have deemed houses unsellable, pulling out on deals in the last minute, after learning a property has Japanese knotweed growing on the premises. Experts state this is an over reaction to the problem. No house has ever been reported destroyed by the weed. None the less, some lenders are shifting to panic mode and want nothing to do with any properties that contain the invasive weed.

Due to the financial implications that this plant may impose upon a homeowner, British authorities now allow you to apply for an injunction requiring your neighbour to impede the growth of his/her knotweed. Financial compensation may also be sought for any damage to your property caused by a neighbour’s Japanese knotweed.

This invasive plant is found in Canada from Ontario to the East Coast, and in British Columbia. In Ontario it is found in the Southern region and across the Greater Toronto Area. It can be found in gardens, overgrown abandoned sites, and along road sides. It has recently been spotted in the Don Valley and in High Park. Japanese knotweed is still found at some nurseries and is often planted in urban backyards as it provides quick and easy privacy. If you notice a neighbour with Japanese knotweed growing in his/her garden, it is advisable to educate them about the dangers of the weed and to ensure they eradicate it using the proper methods.

]]>http://legalhelpline.ca/japanese-knotweed/feed/0Front Yard Municipal Lawshttp://legalhelpline.ca/front-yard-municipal-laws/
http://legalhelpline.ca/front-yard-municipal-laws/#respondThu, 09 Apr 2015 18:36:47 +0000http://legalhelpline.ca/?p=1141Another long and cold Canadian winter is finally over. Many of us are taking this opportunity to reset ourselves after an extra long hibernation, and what better way to reintroduce ourselves to the outdoors than planning our summer gardens? The most well planned gardeners will already have already started their seedlings by now, but most of us […]

Another long and cold Canadian winter is finally over. Many of us are taking this opportunity to reset ourselves after an extra long hibernation, and what better way to reintroduce ourselves to the outdoors than planning our summer gardens? The most well planned gardeners will already have already started their seedlings by now, but most of us will wait until the last minute to plan this year’s gardens.

If you live in the city of Toronto you know all to well that space is one of the biggest issues in planning your garden. You want to plant a garden that meets all your needs while ensuring you save space to relax and host all your al fresco dinner parties. One thing I’ve noticed in downtown Toronto, where space is truly a hot commodity, is that many home owners are choosing to keep their backyard gardens to a minimal size in order to save space for their recreational needs. But front yard gardens are more popular than ever. No longer are homeowners laying a pallet of sod across their front yard and calling it finished. Wild flower gardens, fruit trees, vegetables, tall grasses and many other unconventional plants are making their way to people’s front yards. Not only are these beautiful, but they also can provide home owners with fresh food throughout the summer.

But beware of your front yard municipal laws. Confusing, and often draconian municipal bylaws can abruptly put an end to your front yard garden dreams. As this couple in Drummondville, QC learned the expensive way, not everyone is as excited about your new vegetable garden. After numerous complaints from neighbours, the town gave them 5 days to reduce the size of their expensive vegetable garden to meet city codes. If they didn’t comply they faced the possibility of a fine of $100 to $300 per day after the 5 day window. The Drummondville municipal code stated that at least one-third of a front yard must consist of either lawn or hedges. But after public outcry and online petitioning, the town allowed the couple to keep their front yard as they had designed in.

More locally, Deborah Dale of Scarborough, former president of the North American Native Plant Society and a trained biologist, spent over $10,000 and twelve years growing a native plant garden in her front yard. Her neighbours, unfamiliar with non-traditional landscape plants claimed her yard was overgrown with weeds, had a foul smell, and was attracting racoons. After months of complaints from neighbours the city sent her a notice to remove her garden. She begged for the opportunity to educate the city about her garden, but they refused to listen. She was shocked to come home one day and find her whole garden had been cut down to ground level.

The City of Toronto bylaw states that grass or weeds must not exceed 20cms in height. This is generally considered for transportation safety, stating that long grasses and weeds impede the vision of drivers.

The moral of the story? Front yard municipal laws vary immensely and it’s always best to do your research before you embark on any gardening project, no matter how traditional your plans may be. And remember if you don’t agree with your municipal laws you can take action to help change them by: attending a council meeting, joining neighbourhood and residential committees, and educating your neighbours about the importance of native plants and flowers in your community.

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]]>http://legalhelpline.ca/front-yard-municipal-laws/feed/0Flood Insurance Lawhttp://legalhelpline.ca/flood-insurance-law/
http://legalhelpline.ca/flood-insurance-law/#respondTue, 31 Mar 2015 15:45:51 +0000http://legalhelpline.ca/?p=1135Everyone remembers the epic rainstorm of July 2013. A storm that shut the city down for hours and caused havoc on the roads, emergency recovery efforts on GO trains, and 1000s of flooded basements across southern Ontario. As climate change intensifies our weather systems, we can continue to expect more intense rainstorms that occur more frequently. […]

Everyone remembers the epic rainstorm of July 2013. A storm that shut the city down for hours and caused havoc on the roads, emergency recovery efforts on GO trains, and 1000s of flooded basements across southern Ontario. As climate change intensifies our weather systems, we can continue to expect more intense rainstorms that occur more frequently. It could be more important than ever to carry flood insurance on your home or business.

As a homeowner, this can be worrisome. Many of the homes in the GTA are not build to handle these monsoon-like rains. While getting stuck in traffic due to rain is an annoyance, a flooded basement can be a huge financial burden, often costing homeowners tens of thousands of dollars.

When extreme weather causes damage to your house, do you know if your insurance is protecting you? This is a question to ask yourself, and your insurance provider, before flooding occurs. Too many people wait until after a flood to find out they have no coverage. House insurance, unlike auto insurance, is not standardized, so each policy is different and flooding may not be a part of your policy.

Flood Insurance

Canada is the only G8 country that does not offer insurance protection against overland flooding (flooding caused by a major rainfall, rapid thawing of snow or the overflow of a river), but most homeowners are unaware of this rule. Unfortunately most homeowners don’t find this out until flooding has already occurred. Insurance experts are on the fence as to whether this should be available in Canada. Many think it would be so costly that most homeowners would opt out.

Sewage backup occurs when the municipal sewage lines overflow and send water back up into your basement. There are many reasons this may happen but the most common is in the event of a substantial rainfall, or rapid snow thaw that the drainage system cannot handle. The damage this inflicts on a home can be both short term and long term. Floors and furniture are usually damaged immediately, but mold and bacteria can have long lasting effects. Sewage backup coverage is available in Ontario. It is usually and add on, so check with your insurance provider to make sure you are covered. The cost of adding sewage backup coverage is minimal compared to the cost of damages brought about by basement flooding.

Protection Against Basement Flooding

The old saying an “ounce of protection is worth a pound cure” can aptly be applied to basement flooding. Installing a sump pump in your basement, and checking it monthly, can save you thousands of dollars and weeks of clean up. Make sure you have a generator to keep it running in the event of a power outage. Ensuring your property is properly graded to move water away from your home can make a big difference in the event of an overland flood.

For those living in the City of Toronto, a basement flooding subsidy program is available. It offers up to $3,200 per household to help pay for the installation of flood protection devices.

No matter what type of flooding you experience in your basement, it’s always best to contact an experienced flood insurance lawyer to help you navigate the often complicated insurance battle you will need to undertake.

For a free consultation with a flood insurance lawyer call us at:

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]]>http://legalhelpline.ca/flood-insurance-law/feed/0Cyclist Injuries and Legal Helphttp://legalhelpline.ca/cyclist-injuries-and-legal-help/
http://legalhelpline.ca/cyclist-injuries-and-legal-help/#respondThu, 22 Jan 2015 19:40:42 +0000http://legalhelpline.ca/?p=934As a cyclist in Toronto the potential for injury seems to be increasing on a daily basis. In 2011 we had 2 cyclists killed on Toronto roads, 2012 saw 3 deaths, and in 2013 4 cyclists were killed. These stats don’t include any cyclist injuries either. Clearly there is a growing trend that needs to […]

]]>As a cyclist in Toronto the potential for injury seems to be increasing on a daily basis. In 2011 we had 2 cyclists killed on Toronto roads, 2012 saw 3 deaths, and in 2013 4 cyclists were killed. These stats don’t include any cyclist injuries either. Clearly there is a growing trend that needs to be addressed. What can be done for cyclist safety in 2015?

Share The Road is a cycling coalition in Toronto who has some great tips on improving road safely, sharing the road, and reducing cyclist injuries.

Bicyclist Improvements

Follow the rules – You have the same rights and duties as other vehicles on the road, and thus you have to follow the same traffic laws.

Ride Ready – Just like any vehicle maintenance is important for safety, check your bike over thoroughly once a week.

WEAR A HELMET

Motorist Improvement

Respect Cyclists – They are considered a vehicle using the road as much as you are, drive with tolerance.

Obey Speed Limits – driving too fast reduces your ability to react, speed limits are imposed to provide safety not only for yourself but also pedestrians, cyclists, and everyone else.

Stop – Come to a complete stop at stop signs and traffic lights. Also, remember that anticipating green lights is a chargeable offense and can be very dangerous for pedestrians and cyclists.

Maintain Distance – Give motorcycles and bicyclists a safe distance. Not only does this remove pressure off the person you are following but also gives you time to react should an accident occur.

Pass – If you are trying to pass a cyclist exercise patience, execute the pass only once it is safe to do so.

Helmet Safety

Wearing a helmet as a cyclist is vitally important. All too many fatalities and cyclist injuries are attributed to the lack of a helmet. Two thirds of cyclists killed were not wearing their helmet. The lack of a helmet is a major contributing factor in fatalities as most injuries are serious head injuries.

For a free consultation with an injury lawyer call us at:

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]]>http://legalhelpline.ca/cyclist-injuries-and-legal-help/feed/0Snowmobile Accidenthttp://legalhelpline.ca/snowmobile-accident/
http://legalhelpline.ca/snowmobile-accident/#respondTue, 20 Jan 2015 22:04:00 +0000http://legalhelpline.ca/?p=898Snowmobiling in Ontario is a big business. There are currently over 30,000 km of snowmobile trails in Ontario alone. In 2013 OFSC (Ontario Federation of Snowmobile Clubs) was able to sell close to 42,000 early trail permits with thousands more sold during the rest of the season. The trails are all professionally groomed, staked, patrolled, […]

]]>Snowmobiling in Ontario is a big business. There are currently over 30,000 km of snowmobile trails in Ontario alone. In 2013 OFSC (Ontario Federation of Snowmobile Clubs) was able to sell close to 42,000 early trail permits with thousands more sold during the rest of the season. The trails are all professionally groomed, staked, patrolled, and even properly marked with signage. Even with all this preparation accidents occur fairly regularly.

Snowmobiles are off road vehicles with a substantial amount of power. To put it in perspective, your common ATV or quad has around 50-60 horsepower, a snowmobile will easily have double that amount, with higher end units having over 200 horsepower. These high-power machines have the ability to easily travel faster than 100 MPH (160KPH).

All OFSC trails have a zero alcohol tolerance and a speed limit of 50 km/h but this does not stop a lot of riders. In fact traveling above 50km/h is extremely common place. The issue at hand is most trails are quite narrow and have numerous hazards within a very close proximity to riders. Trees, rocks, posts, and fences are a few examples of immovable objects riders frequently hit.

The OFSC takes some money from every pass sold to cover the liability Insurance policy it has for clubs, volunteers, and landowners, that have trails cross their property. In addition to that Your OFSC membership offers a $3000 accidental death and dismemberment benefit every rider is entitled to baring an accident.

All other insurance is covered under what you pay your insurance company to cover you for. Be that theft, fire, liability, really whatever you choose to include but usually up to a maximum of $30,000 in value.

What should you do if you are in a snowmobile accident?

First it is important to remember that there are strict time limitations for filing a claim which can be as short as 10 days. If you have been injured call our offices immediately and we can file a claim on your behalf (866) 260-6121.

Secondly it is important to assess the severity of the accident, any person involved in a snowmobile accident being at fault or not may be entitled to accident benefits or compensation. Snowmobiling is governed by similar rules and regulations as those of motorized vehicles. Thus following similar procedures when reporting an accident as that of a vehicular crash will go a long way in ensuring your rights are protected.

Snowmobile accident victims frequently experience head and neck injuries, nerve and skeletal trauma, chest and abdominal injuries, broken legs and arms, or even death. These injuries may be caused by excessive speed, alcohol, drugs, or even another rider’s carelessness and negligence.

Filing a lawsuit or accident claim can be an overwhelming experience but we are here to help you every step of the way. We always listen to your concerns and help make you aware of all your options available. It’s our job to ensure you are awarded the maximum fair amount of compensation so you can make a full recovery.

For a free consultation with a snowmobile accident lawyer call us at:

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]]>http://legalhelpline.ca/snowmobile-accident/feed/0Skiing Accidentshttp://legalhelpline.ca/skiing-accidents/
http://legalhelpline.ca/skiing-accidents/#respondWed, 14 Jan 2015 16:00:57 +0000http://legalhelpline.ca/?p=836Winter has finally arrived in full force in southern Ontario. Can you imagine what winter in Ontario would be like if you could not partake in any outdoor winter activities? Luckily for us, we have numerous ski resorts, all within a few hours drive of the GTA, to help us enjoy these cold winter days. Is there […]

]]>Winter has finally arrived in full force in southern Ontario. Can you imagine what winter in Ontario would be like if you could not partake in any outdoor winter activities? Luckily for us, we have numerous ski resorts, all within a few hours drive of the GTA, to help us enjoy these cold winter days. Is there anything better than feeling the sun on your face while the rest of your body is bundled up and warm? I pity anyone who has never tried to ski because they are afraid of the cold weather. With the proper outerwear even the arctic temperatures of the last week are bearable, so long as you enjoy as many coffee breaks as I do.

Unfortunately injuries and accidents are an inevitable part of skiing. Ski patrollers at busy ski resorts such as Blue Mountain and Horseshoe Valley attend to multiple accidents on a daily basis, with a few of these requiring hospital visits. Skiing accidents can range from sprains and bruises to acquired brain injuries and death. While some accidents are unavoidable, many of them are by no fault of the skier.

Ski resorts are obliged to provide safe terrain for all to enjoy and to do their due diligence to best ensure they are providing the safest environment possible. This includes ensuring there is proper signage and warnings that are easily understood by all skiers, providing properly groomed and maintained trails and terrain, a trained and educated staff to ensure a safe and enjoyable visit by skiers of all abilities, and properly functioning lifts and facilities. If a resort fails with even one of these responsibilities the chances of injuries and accidents are greatly increased.

What can you do to avoid skiing accidents?

As as skier you are obliged to follow 7 basic rules, known as the Skier’s Responsibility Code, to ensure the safety of yourself and others on the ski hill.

Always stay in control, and be able to stop or avoid other people or objects.

People ahead of you have the right of way. It is your responsibility to avoid them.

You must not stop where you obstruct a trail, or are not visible from above.

Whenever starting downhill or merging into a trail, look uphill and yield to others.

Always use devices to help prevent runaway equipment.

Observe all posted signs and warnings. Keep off closed trails and out of closed areas.

Prior to using any lift, you must have the knowledge and ability to load, ride and unload safely.

Remember, accidents are a natural part of skiing but if you and the resort operators follow the rules and guidelines the severity of these accidents can be dramatically diminished.

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]]>http://legalhelpline.ca/skiing-accidents/feed/0Property Damaged by a Neighbour’s Treehttp://legalhelpline.ca/property-damaged-by-neighbours-tree/
Thu, 27 Nov 2014 16:22:14 +0000http://legalhelpline.ca/?p=535What happens if your property is damaged by a neighbour’s tree? After last year’s ice storm we had a lot of people asking us if they could file a claim for property damage caused by their neighbour’s tree. This can be a contentious issue that has been known to cause bitter disputes between neighbours. […]

After last year’s ice storm we had a lot of people asking us if they could file a claim for property damage caused by their neighbour’s tree. This can be a contentious issue that has been known to cause bitter disputes between neighbours.

If you think your neighbour’s tree is a potential threat to your property, you should immediately speak with them about your concerns. Recommend they hire a certified arborist to inspect the tree for rot or illness, and remember to always document these conversations. If you find yourself in court, these records will assist you with your case.

Immediately after damage has occurred, you should file a claim with your home or auto insurer, as most good insurance policies cover any damage that may result from a fallen tree or limb. If you receive a full settlement you have no basis to make a claim against your neighbour. If your insurer will not pay your claim, then you may have a case against your neighbour, because any tree on their property is their responsibility.

For your claim to be a success you must be able to prove negligence on your neighbour’s behalf. Any rot or damage that you have noticed should always be documented and presented to your neighbour. It is their responsibility to have their tree examined by a professional for weaknesses, rot and overall health. If the tree has been recently inspected and was deemed healthy and structurally sound, the event may be considered an accident. In this case the owner may only be responsible for the cost of removing the tree from your property, but not for the damages inflicted, as it is considered and Act of God beyond their control.

Municipal Tree Damage

If a city owned tree damages your property and your insurance does not cover the damages, you can make a claim against the city, but that is often more difficult than making claim against an individual. With a city you must be able to prove gross negligence on their part. If you repeatedly called them regarding a suspect tree they failed to follow up, you may have a case of gross negligence. Again, be sure to document any efforts you made to have the tree professionally examined.

Because trees are living organisms and not man made structures, fault and negligence can be difficult to prove. This can be even more difficult if a tree fails during a violent storm. The best advice is to have a good home insurance policy and to express any concerns you may have with your neighbour or the city, before an incident occurs.

If you have sustained property damage from a neighbour’s tree and your insurance does not cover the damages, call us for a free consultation.

]]>Snow Storms and Sidewalk Slip Injuryhttp://legalhelpline.ca/snow-storms-and-sidewalk-slip-injury/
http://legalhelpline.ca/snow-storms-and-sidewalk-slip-injury/#respondThu, 20 Nov 2014 16:34:35 +0000http://legalhelpline.ca/?p=490What is your responsibility when it comes to clearing the sidewalk in front of your home? This very much depends on where you live. Ontario municipalities all have different bylaws that dictate whether it is the cities responsibility or the homeowners. If you’re living in Hamilton, Kitchener, Windsor, or maybe Waterloo the responsibility is on […]

What is your responsibility when it comes to clearing the sidewalk in front of your home?

This very much depends on where you live. Ontario municipalities all have different bylaws that dictate whether it is the cities responsibility or the homeowners. If you’re living in Hamilton, Kitchener, Windsor, or maybe Waterloo the responsibility is on the home or business owner. Your section of sidewalk should be cleared within 12 hours of any snowfall. This is to prevent or reduce any sidewalk slip injuries and/or falls that may occur.
Then we look at Toronto and GTA; sidewalk clearing is part of the routine duty of our city workers. They have mechanical sidewalk plows and snow blowers that run the thousands of kilometers of sidewalks throughout the city. That doesn’t save you though… The GTA still has a sidewalk shoveling bylaw that can penalize residents and business owners if a stretch of sidewalk out front isn’t shoveled within 12 hours.

So Who Is Responsible?

It takes time for the mechanical equipment to make it around all the sidewalks in Toronto, and the operators are bound to miss some locations. If your sidewalk is still snow covered after 8-10 hours after a snowfall maybe take the initiative and give it a quick shovel. Technically after 12 hours you can be fined 125$ for not clearing that snow away within the GTA.

Who Is Responsible If Someone Slips?

The legal issue with a slip and fall outside of a residence or a business in the Greater Toronto Area is an interesting case. In a 2000 Ontario Court of Appeal decision snow and ice accumulation on sidewalks is the legal responsibility of municipality and not the property owner. This city owns this public throughway and is thus responsible for it.

Sidewalk Slip Injury

If you have been injured in a fall after slipping on ice or snow on a public sidewalk you are entitled to remuneration from your accident. Talking to an accident lawyer as soon as possible is the best recourse for any situation. We can quickly assess the injuries and start working on your case. Remember we only get paid on successfully winning your case so there is no harm is exploring your options.

If you have been hurt in a sidewalk slip injury give us a call to discuss your options

866 260 6121

]]>http://legalhelpline.ca/snow-storms-and-sidewalk-slip-injury/feed/0Bicycle Accidenthttp://legalhelpline.ca/bicycle-accident/
http://legalhelpline.ca/bicycle-accident/#respondFri, 07 Nov 2014 16:49:20 +0000http://legalhelpline.ca/?p=388If you have been injured in a bicycle accident and think you may have a claim, call us toll free at 1-866-6121 or contact us online for a free consultation. What should I do if I have a bicycle accident? Bicycle accidents can result in serious injuries and damages, and therefore should be taken seriously […]

]]>If you have been injured in a bicycle accident and think you may have a claim, call us toll free at 1-866-6121 or contact us online for a free consultation.

What should I do if I have a bicycle accident?

Bicycle accidents can result in serious injuries and damages, and therefore should be taken seriously too. A bicycle is considered a vehicle under the Ontario Highway Traffic Act (HTA). Which means if you are cycling in Ontario, you have the same rights and responsibilities as those driving vehicles.

When it comes to automobiles versus cyclist collisions, it’s pretty obvious that the car or truck usually comes out on top. It’s easy to see why when you consider the opponents. We’re talking large motor-driven metal exoskeleton robots facing off against soft and exposed fleshy humans, precariously teetering on man-powered skeleton frames! Fair fight? I think not. And as the space on the road gets more and more coveted, more and more accidents and collisions are happening.

A lot of cycle accidents don’t involve other vehicles (darn those streetcar tracks!) but sometimes they do, and sometimes, that driver is at fault.

Some of the common injuries cyclists might be facing include:

brain injury/concussions

road rash/abrasions

spinal/back injuries

broken bones and sprained joints

dental injuries

Additionally, all of these injuries listed above can also result in secondary issues, such as not being able to go to work, or having to pay for medical and rehabilitation costs related to your acquired injuries.

The events of a collision can be traumatic and emotional. However, it’s in your best interest to try to follow these guidelines directly after the collision (as best as you can).

Contact the proper authorities!

If you are hurt due to your bicycle accident, call 9-1-1 or have someone else call. If you do not need an ambulance, you should still contact the police. Any accidents that result in personal injury or damage over $1000, have to be reported. Sometimes the police will not come to a collision if the injuries or damage are not serious enough in car versus car collisions, however in the case of vehicle and bicycle accidents or vehicle and pedestrian accidents, they should attend.

Get all the information!

Do the best you can to get the driver’s information: Write down their name, address, phone number, driver’s licence number, vehicle licence number, and insurance information.

Try to obtain the information of any witnesses, their names and contact information should be sufficient at this point. If this is difficult because you are injured you can always ask a kind bystander to assist you in gathering this information. It’s best not to assume the police report will collect and record this information for you.

Document, Document, Document!

As soon as possible write down everything you remember; the when, where, what, who, and how of it all. Weather and road conditions are another factor to record. Sketching the scene can be a useful way to quickly and accurately record the incident.

Save the Evidence!

If your helmet, clothes, bike or any other personal belongings are damaged in the collision. Keep them as is. Don’t have them mended or repaired until your lawyer says it’s okay.

Seek Medical Attention!

If you are injured, even minor injuries, you should see a doctor. This will give you the documented proof you may require later on to ensure you were in fact injured as a result of the collision. You should also take photos of your injuries as soon as possible, and make dated notes of how your injuries progress so that you can retrospectively provide a detailed log of the impact of your injuries.

Be wary of speaking to insurance companies until you have contacted a lawyer, but act fast!!!

As a cyclist, you are considered an operator of a vehicle, therefore you are entitled to no-fault benefits if you are hit by a vehicle. If you happen to be a driver as well as a cyclist and have auto insurance, you can claim no-fault benefits through your insurer for any accidents that happen while cycling. If you don’t have auto insurance you can claim benefits through the insurance of the driver who you got in the collision with.
The insurance claim process can be tricky, and it is generally advisable to speak with a lawyer before you contact any insurance companies. However, you must act fast…really fast. Within the week of the incident in fact.

Lastly, if your bicycle accident results in a fall or collision that is due to faulty public infrastructure (e.g. potholes) you can make a claim to the municipal, provincial, or federal government. Again this claim must be made within a week of the incidents occurrences. You will want to follow the same steps above in order to be able to document and prove your damages and injuries.

]]>http://legalhelpline.ca/bicycle-accident/feed/0Alternative Dispute Resolutionhttp://legalhelpline.ca/alternative-dispute-resolution/
Fri, 10 Oct 2014 04:49:54 +0000http://legalhelpline.ca/?p=330You don’t HAVE to go to court…UNLESS of course, you want to. Whatever your reason – whether its due to an impending separation, divorce, or a workplace related disagreement – difficult to resolve conflicts, disagreements, and disputes happen. Divorce, for example, involves the trying task of navigating and planning important (and as a result often […]

Whatever your reason – whether its due to an impending separation, divorce, or a workplace related disagreement – difficult to resolve conflicts, disagreements, and disputes happen. Divorce, for example, involves the trying task of navigating and planning important (and as a result often heated) life decisions, such as how to care for your children or how you want to divide your property. Attempting a compromise that leaves everyone happy can feel like an overwhelming task, especially during an already very emotionally draining time. Naturally conflict and stalemates often occur.

Given the important and difficult nature of these decisions, many people seek out professional or legal assistance. Most people are aware of the option to take their dispute to court, however this is usually one of the more time-consuming and costly of options.

Fear not, there are alternatives!

These options are aptly known as,Alternative Dispute Resolutions (ADR).

It is important to note, these more informal options can never be forced upon you as a substitute for a court case (mandatory mediation may have to occur prior to court). Ultimately both parties involved in the disagreement must freely choose to use one of these alternatives as their prefered method for resolving the dispute.

It is not recommended that you use ADR options if you are involved in a dispute with a violent person or partner, someone who has more power than you (e.g. your boss), or if you are feeling bullied.

However, ADR options can sometimes be more time and money efficient, and allow for greater creativity and flexibility in the decision making process. Due to the higher involvement of the disputing parties in the ADR process, final decisions derived through these methods may lead to more favourable outcomes for all parties involved, over that of a court determined decision. Making ADR something worth considering.

Quick terminology overview

“Dispute Resolution“, or DR, is the general term used to describe all varieties of dealing with a dispute (including going to court).

“Alternative Dispute Resolution“, often called ADR, is the term used to describe the methods of dispute resolution that do not include going to court (hence, the name).

So then, what options are there other than court? And when might one want to use these?

There are generally three other methods available.
1) Negotiation
2) Mediation
3) Arbitration

Each of these options is it’s own process, but they can also be used together (such as the combination of mediation and arbitration, often called med-arb). It might be helpful to understand them as being on a continuum.

As you can see negotiation is the least formal of the options and leaves all of the responsibility for the decision making in the hands of the people involved in the disagreement itself.

On the other end of the spectrum is the option to go to court, this is the most formal of the options and the participants involved in the dispute have the least amount of actual involvement, or responsibility for, decisions regarding the resolution of the problem.

So to recap your general choices:Negotiation – People voluntarily discuss their disagreement and work out conditions and decisions amongst themselves. Usually just the parties involved in the disagreement participate. But you can also use a counsellor, lawyer, or advocate to aid you in this negotiation process.

Mediation – First of all, participation in mediation can either be voluntary or involuntary. As some courts may order you to participate in the mediation process prior to trial. Mediation is a lot like negotiation, but in this case there is a third party (the mediator) who is unbiased and impartial to the dispute. The mediator is not there to sort out who is right and who is wrong and then pass a judgement. Rather, a good mediator, will help the two disagreeing parties to better communicate, understand, and negotiate their differences of opinion. This process can lend itself to greater creative outcomes than are typically available within the court decision making process. Using mediation can offer the two disputing parties the ability to work cooperatively together, leading to a greater chance of finding a more mutually beneficial arrangement, rather than one imposed upon them by the court. If during the mediation process you do find a suitable solution, do not sign an agreement just yet – not without first showing the agreement to your lawyer. It is very important to understand as well that ultimately a mediator cannot force you to settle or accept a solution that does not work for you, and you can walk away at any time. Which brings us to our next option, arbitration.

Arbitration – If you are not able to resolve your conflict with the above noted methods, you may want to try arbitration. An arbitrator is usually someone who specializes in a specific area of law. This can be a positive to using arbitration; parties involved can choose the arbitrator of their choice and usually this is someone with expertise and experience in their particular area of need. Usually (there are some exceptions) the arbitrators decision is final and binding.

Litigation/Court – Going to court can be initiated by either party. A judge acts as the decision maker, and the parties usually have representatives who speak for them. The decision is final, however subject to appeal.

Hopefully this quick overview of alternative dispute resolutions has given you a better idea of which method might be the best fit for your legal concerns. Whichever method you do choose, remember it is always a good idea to obtain legal advice from a lawyer before signing or agreeing to any decisions regarding your personal dispute.